The public’s rights of access to environmental justice are guaranteed by the UK although a number of cases in recent years have questioned how far these extend. As a signatory to the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (‘Aarhus Convention’), the government must meet its access obligations under each of the three ‘pillars’ of the Aarhus Convention to contribute to the protection of the right of current and future generations to live in an environment adequate to their health and wellbeing. One aspect that has proved particularly contentious is ensuring that access to environmental justice is not ‘prohibitively expensive’.
The Ministry of Justice’s recent response to its proposals in the 2015 consultation on ‘Costs Protection in Environmental Claims’ sets out the government’s intended changes to the current rules. However, following new findings by the Aarhus Convention Compliance Committee regarding the funding of private nuisance claims, alongside wider concerns about restrictions on the public’s ability to challenge public authority decision-making, some question whether these will make the UK system compliant. At a time of increasing pressure for development, the natural environment is also coming under strain. For local communities seeking environmental justice, concern about costs in environmental claims can be a huge barrier to challenging public authority decisions and this inequality of arms is recognised by the Aarhus Convention. In light of the uncertainty surrounding many of our environmental protections following the EU Referendum result, might there be a more prominent role for international provisions such as the Aarhus Convention for communities seeking to protect and improve their local environment and quality of life?
Speakers
- Tom Brenan, Director of Outreach, Environmental Law Foundation (ELF)
- Richard Wald, Barrister, 39 Essex Chambers
- Stephanie McGibbon, Associate Director, Environment, Arup
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